( 1) Notwithstanding any law, custom or contract to the contrary, all timber trees planted by the cultivatmg tenant or l11s predecessor-m-interest or spontaneously sprouting and growing in th~ holdmg after the commencement of the tenancy m favour of the cultivating tenant or h1s predccessor-m-interest, shall belong to the cultJvatmg tenant.
(2) Subject to the provisions of sub-sections (3), (4) and (5), in the case of timber trees standmg in the holding of a cultivating tenant I at the commencement of his tenancy, the cultivating tenant and, if he dol's not require, the landowner or the mtermediary, as the case may !.
be, shall have the right to cut and remove such trees, provided that the , ight conferred by this sub-section shall be e>.ercisable by the intermediary only m case such t1mber tre.;~ were either planted by him or had spontaneously sprouted and grown during the penod in which he was m possessiOn of the holding.
(3) Where the cultivating tenant exercises his right under sub section (2), he shall be liable to pay to the landowner or the inter mediary, as the case may be, one-half of the market value of the timber trees so cut and removed.
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(4) Where the landowner or the intermediary exercises his right under sub-section (2), he shall be liable to pay to the cultivating tenant one-half of the market value of the timber trees so cut and removed.
(5) The nght conferred by sub-section (2) shall not be exercis able unless reasonable notice thereof in wnting 1s given to the party to be affected by the exerc1se of the said right.
(6) If any d1spute arises as to the nghts of the landowner, in termediary and cultivating tenant over timber trees, the Land Tribunal shall, on the application of the landowner, intermed1ary or cultiVating tenant, by order, decide the question after hearing all the persons interested.
Purchase of Landlords' rights by Cultivating Tenants